21 N.C. Admin. Code 28 .0205 - DISCIPLINE OF REGISTERED CERTIFICATE HOLDERS

(a) "Improper, fraudulent or dishonest dealing" within the meaning of G.S. 89D-7 includes dishonest practice, unprofessional conduct and acts of incompetence.

(b) The following shall be deemed to constitute "dishonest practice":

(1) To make any false or deliberately misleading statements in an application for examination or in any statements or representations to this Board, to a client, or to another landscape contractor.

(2) To violate the laws of North Carolina or of any other state relating to the practice of landscape contracting, or to violate any rule of this Board.

(3) To use or attempt to use the title or seal under a certificate that has been suspended or revoked or which has not been renewed.

(4) To use or to permit the name or the professioanl seal of the landscape contractor to be used on the plans or specifications or other professional documents not personally prepared, or prepared under the immediate supervision of such landscape contractor.

(c) The following acts shall be deemed to constitute "unprofessional conduct":

(1) To use any gift or donation as a device for obtaining competitive advantage over another landscape contractor;

(2) To do any act that would falsely or maliciously injure the professional reputation, prospects, practice or employment position of another landscape contractor;

(3) To attempt to supplant another landscape contractor after definite steps have been taken by a client towards the latter's employment; or to undertake a commission for which he knows another landscape contractor has been employed, unless and until he has been notified by either the client or the other landscape contractor that the original employment has been terminated;

(4) To allow his name to be associated with an undertaking in any professional capacity unless he has served specifically in that capacity;

(5) To offer payment directly or indirectly to others in order to obtain work.

(d) The following acts or omissions shall be deemed to constitute "acts of incompetence":

(1) To fail to use diligence in planning, supervising, performing, or inspecting landscape work directly resulting in improper and unprofessional practices and results.

(2) To be guilty of such acts or omissions as to demonstrate to the satisfaction of the Board that the holder of the certificate is mentally incompetent or habitually addicted to alcohol or drugs so as to render the registrant unfit to practice landscape contracting.

Notes

21 N.C. Admin. Code 28 .0205

Authority G.S. 89D-4(c); 89D-7;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. September 1, 1988.